Law: Sindh Bar Council Rules for Bar Associations

Section: R.31(a),(b)

Law: Legal Practitioners and Bar Councils Act, 1973

Section: 13(2)

(a) Sindh Bar Council Rules for Bar Associations--- ----R. 31(a) & (b)---Elections of Bar Association---Recounting of votes---Principle---If count was not completed/declared by Returning Officer then order for a recount can be passed by same Returning Officer---Determination of such issue is also best entrusted to appellate forum of Sindh Bar Council where the appeal of the petitioner was pending adjudication. (b) Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----S. 13(2)---Sindh Bar Council Rules for Bar Associations, R. 31(a) & (b)---Bar Association Elections---Recounting of votes---Dispute was with regard to election for post of office bearers for High Court Bar Association--- Petitioner was returned candidate and Pakistan Bar Council had allowed application of respondent with regard to recount of votes---Validity---Provisions of R. 31(a) of Sindh Bar Council Rules for Bar Associations provided a forum for any dispute arising out of or concerning an election and R. 31(b) of Sindh Bar Council Rules for Bar Associations could only be invoked to assail result of election---While in R. 31(a) of Sindh Bar Council Rules for Bar Associations there was no restraint upon nature of person authorized to file proceedings while R. 31(b) of Sindh Bar Council Rules for Bar Associations restricted challenged to be maintained only by an aggrieved contestant candidate---If both Rules were to be read conjunctively then necessary result would be to render R.31(a) of Sindh Bar Council Rules for Bar Associations so restrictive as to virtually make it redundant which appeared to be contrary to even literal reading of Sindh Bar Council Rules for Bar Associations--- Provisions of R.31(a)(b) of Sindh Bar Council Rules for Bar Associations were intended to be applied separately as same were disjunctive in their application and scope---High Court set aside orders passed by Chairman Executive Committee and order passed by Pakistan Bar Council and declared appeal proceedings before Pakistan Bar Council as infructuous---High Court issued directions to the Executive Committee of Sindh Bar Council to hear appeal of petitioner and decide the same expeditiously accordingly with…

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